Maintenance and Prosecution of Patents Sample Clauses

Maintenance and Prosecution of Patents a. Seller may elect not to prosecute or maintain a patent within the Category II Assets if it reasonably concludes that such patent has no significant value to Seller within the field of CEDUI. In that event, it will so notify Purchaser. Purchaser will, within ninety (90) days of receipt of such notice, notify Seller whether it wishes to acquire the patent from Seller. During this ninety (90) day period, Seller will take any action necessary to continue to prosecute or maintain the patent. Purchaser will reimburse Seller for its out-of-pocket costs incurred in such actions. Upon notice by Purchaser that it wishes to acquire the patent from Seller, Seller will assign the patent to Purchaser, transfer any files or other documents relating to the patent to Purchaser, and Purchaser will thereafter be solely responsible for prosecution or maintenance of the Patent, including all costs associated therewith. Seller agrees to execute any additional documents necessary to perfect Purchaser's rights to the patent. Purchaser agrees that, upon transfer of the patent to Purchaser, it will not assert any claim related to such paten against Seller. If no notice is received by Seller within the ninety (90) period, Seller will abandon the patent.
AutoNDA by SimpleDocs
Maintenance and Prosecution of Patents. 8.2.1 F-star Patent Prosecution and Maintenance. F-star shall have the right, but not the obligation, to prepare, file, prosecute, and maintain the F-star Patents and Platform Patents worldwide, at F-star’s sole cost and expense.
Maintenance and Prosecution of Patents. 10.2.1. Patent Prosecution and Maintenance of AstraZeneca Patents and [***] Patents. Subject to Section 10.2.2, AstraZeneca, through patent attorneys or agents of its choice and at its sole cost and expense, shall have the first right, but not the obligation, to maintain in the Territory the AstraZeneca Patents. AstraZeneca shall not abandon any application for any AstraZeneca U.S. Patents or permit any Patent issuing therefrom to lapse without first notifying Impax and permitting Impax to continue the prosecution of such applications or pay any required fees in the name of AstraZeneca, at Impax’ sole cost and expense and through patent attorneys or agents reasonably acceptable to AstraZeneca. Impax shall not become an assignee of any application for any AstraZeneca U.S. Patents as a result of its continuing the prosecution of an application for such Patent or paying any fees according to this Section 10.2.1. If AstraZeneca receives notice [***], and AstraZeneca has the right to [***] and AstraZeneca [***], then AstraZeneca will so notify Impax and, upon Impax’ request and at Impax’ expense, AstraZeneca will [***] in a manner consistent with, and subject to, the terms and conditions of, the [***].
Maintenance and Prosecution of Patents. As between the Parties,[***].
Maintenance and Prosecution of Patents. 8.2.1 Patent Prosecution and Maintenance.
Maintenance and Prosecution of Patents. Omeros shall have the sole right, but not the obligation, directly or through an Affiliate or Third Party designee, to prepare, file, prosecute and maintain the Licensed Patents worldwide, including with respect to any related interference, re-issuance, re-examination and opposition proceedings, which activities shall be at Omeros’ cost and expense and using counsel of its own choice. JCB shall have the sole right, but not the obligation, to prepare, file, prosecute and maintain the JCB Patents worldwide, including with respect to any related interference, re-issuance, re-examination and opposition proceedings, at its sole cost and expense and using counsel of its own choice. The Party prosecuting any Licensed Patent or JCB Patent, as applicable, pursuant to this Section 5.2 shall periodically inform the non-prosecuting Party of all material steps with regard to the preparation, filing, prosecution and maintenance of such Patent in the Territory. The non-prosecuting Party shall reasonably cooperate with the prosecuting Party in the preparation, filing, prosecution and maintenance of the applicable Patent(s) in accordance with this Section 5.2; provided that the prosecuting Party shall reimburse the non-prosecuting Party for its reasonable out-of-pocket costs and expenses incurred in providing such cooperation.
AutoNDA by SimpleDocs
Maintenance and Prosecution of Patents. 5.2.1. Scheduled Patents and Licensed Patents that are not Scheduled Patents. Subject to Section 5.2.4, as between the Parties (and their respective Affiliates), the Party designated as the “Party with Primary Prosecution Rightson Schedule 1.108 for each of the Scheduled Patents (the “Designated Party”) shall have the first right, but not the obligation, in all countries in the world, to prepare, file, prosecute and maintain the designated Scheduled Patents and shall be responsible for related interference, re-issuance, re-examination and opposition proceedings. Subject to Section 5.2.4, as between the Parties (and their respective Affiliates), Medtronic shall have the first right, but not the obligation, in all countries in the world, to prepare, file, prosecute and maintain the Licensed Patents that are not Scheduled Patents and shall be responsible for related interference, re-issuance, re-examination and opposition proceedings. Without limiting the rights of [***] under this Section 5.2, the preparation, filing, prosecution and maintenance (collectively, together with any related interference, re-issuance, re-examination and opposition proceedings, “Patent Prosecution”) of Scheduled Patents and other Licensed Patents shall be undertaken through outside patent counsel (the “Designated Counsel”) [***]. The Designated Counsel shall be retained by both Parties and the control and cost of the Patent Prosecution shall be allocated as provided in this Section 5.2. The Prosecuting Party (as defined in Section 5.2.3) shall, and shall cause the Designated Counsel to (a) consult regularly with the other Party on the actions and decisions being considered in connection with the Patent Prosecution, (b) provide the other Party prior to submission to the applicable patent office with copies of all proposed patent applications and other material submissions and correspondence in sufficient time to allow for review and comment by the other Party, and (c) consider in good faith and reasonably incorporate the other’s comments in such patent applications and other material submissions and correspondence; provided that if [***]. If the Prosecuting Party plans to abandon any Licensed Patent or Scheduled Patent, the Prosecuting Party shall notify the other in writing at least [***] in advance of the due date of any payment or other action that is required to prepare, file, prosecute or maintain such Patent, and the other Party may elect, upon written notice to the Prosecut...
Maintenance and Prosecution of Patents. 55 ARTICLE 14
Maintenance and Prosecution of Patents. 6.2.1. In General. Subject to Sections 6.2.2 and 6.2.3, as between the Parties:
Time is Money Join Law Insider Premium to draft better contracts faster.